Mrs.P. Neelavathi vs Risi @ Riskika
2022 Latest Caselaw 10721 Mad

                                                                                           Crl.R.C. No. 758 of 2022

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                          DATED : 21.06.2022

                                                                  CORAM :

                          THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                                      Crl.R.C. No. 758 of 2022

                     1.           Mrs.P. Neelavathi
                     2.           D. Pazhani                         ..Petitioners

                                                                    Vs.

                     1.           Risi @ Riskika
                     2.           Banu
                     3.           M. Selvam

                     4.           The Sub-Inspector of Police,
                                  J-8 Neelankarai Police Station,
                                  Chennai – 600 115.                                 ..Respondents

                     Prayer:            Criminal Revision Case under Section 397 & 401 IPC to set

                     aside the order dated 02.05.2022 passed in C.M.P. No. 671 of 2022 on the

                     file of Judicial Magistrate No.II, Alandur.

                                        For Petitioners      ::      Mr.J. Rajmohan

                                        For Respondents ::    Mr.S. Vinothkumar
                                                        Govt. Advocate (Crl.Side)
                                                           ORDER

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https://www.mhc.tn.gov.in/judis Crl.R.C. No. 758 of 2022

This revision is filed as against the order dated 02.05.2022 passed by

the learned Judicial Magistrate No.II, Alandur, in C.M.P. No. 671 of 2022,

in and by which the application filed by the petitioners under Section 156(3)

Cr.P.C. to direct the respondent Police to register the complaint dated

10.04.2022 and investigate the same was dismissed.

2. The learned Magistrate had found that the dispute was

essentially encroaching upon the petitioners' land and putting up a

compound wall, which is civil in nature and the criminal part of it, ie, hitting

with bricks and causing injuries, as on the face of it, was unbelievable.

3. Such a view taken by the learned Magistrate in view of the

judgment of Allahabad High Court rendered in Ram Khelawan V. State of

U.P. & 6 Ors cannot be found fault with. Therefore, the petitioners will be

entitled to redress their grievance by way of instituting civil proceedings in

view of the alleged encroachment by way of putting up a compound wall in

their land.

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https://www.mhc.tn.gov.in/judis Crl.R.C. No. 758 of 2022

4. With the aforesaid liberty, the Criminal Revision case is

disposed of.

21.06.2022

nv

To

1. The Court of J.M.II, Alandur.

2. The Public Prosecutor, High Court, Madras.

D. BHARATHA CHAKRAVARTHY,J.

nv

Crl.R.C. No. 758 of 2022

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21.06.2022

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https://www.mhc.tn.gov.in/judis